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Sub-letting is an arrangement where a tenant leases out a room or space to someone who isn't listed on the lease and while it's legal in Australia, the landlord must give their permission.
Most tenants need their landlord's permission before they can sublet all or part of their home. Many tenancy agreements contain a term on this, so you should always check your agreement first. If you do need permission, get it in writing.
In some circumstances it's acceptable to sublet a property, but tenants need their landlord's permission. Landlords can take legal action against tenants if they sublet their property unlawfully. Unlawful subletting includes if a tenant: sublets all or part of the property without written permission.
Subletting all of your home is only possible if your tenancy is still within the contractual period. However, you should get your landlord's consent. This is because it is possible for your landlord to apply to court to evict you if you sublet the whole property without their consent.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.
Is it illegal? Absolutely yes, particularly if your lease is subject to the Ontario Residential Tenancies Act and the tenant did so without your consent. In Ontario, residential tenants have the right to sub-rent or assign their rental unit provided but with the consent from their landlord.
Your landlord may take legal action against you if you sublet your home unlawfully. Unlawful subletting includes if you: need your landlord's permission before subletting all or part of your home but don't get it. aren't allowed to sublet all or part of your home but you do so anyway.
In most cases, subletting isn't allowed or may be allowed subject to the landlord's consent. You cannot lawfully sublet all of your home. If you do, you lose your status as an introductory tenant and your landlord can evict you.
According to South Carolina's Sublease laws, a tenant's ability to sublease lies in the landlord's willingness to allow it. If a tenant wishes to sublease their rental, they must receive written permission from the landlord that proves that they have permission to do so.